Filed: Jun. 21, 2013
Latest Update: Jun. 21, 2013
Summary: ORDER D.P. MARSHALL, Jr., District Judge. Spencer has moved for leave to appeal in forma pauperis. No. 36. The motion is granted. Indeed, Spencer doesn't need the Court's permission to proceed IFP on appeal; the Court allowed him to proceed IFP at the trial level and has not certified that an appeal would not be taken in good faith. FED. R. APP. P. 24(a)(3)(A). Spencer still must pay the full statutory appellate filing fee. The method and timing of payment are the only issues to be resolved.
Summary: ORDER D.P. MARSHALL, Jr., District Judge. Spencer has moved for leave to appeal in forma pauperis. No. 36. The motion is granted. Indeed, Spencer doesn't need the Court's permission to proceed IFP on appeal; the Court allowed him to proceed IFP at the trial level and has not certified that an appeal would not be taken in good faith. FED. R. APP. P. 24(a)(3)(A). Spencer still must pay the full statutory appellate filing fee. The method and timing of payment are the only issues to be resolved. ..
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ORDER
D.P. MARSHALL, Jr., District Judge.
Spencer has moved for leave to appeal in forma pauperis. No. 36. The motion is granted. Indeed, Spencer doesn't need the Court's permission to proceed IFP on appeal; the Court allowed him to proceed IFP at the trial level and has not certified that an appeal would not be taken in good faith. FED. R. APP. P. 24(a)(3)(A). Spencer still must pay the full statutory appellate filing fee. The method and timing of payment are the only issues to be resolved. FED. R. APP. P. 3(e).
Based on the information contained in Spencer's application, the Court will not assess an initial partial filing fee. But Spencer's present custodian, his designee, and all future custodians, are directed to collect the initial partial filing fee as well as monthly payments from his prison trust account each time the amount exceeds $10.00, and forward those payments to the Clerk of the Court until the statutory filing fee appellate filing fee of $455 is paid in full. 28 U.S.C. § 1915(b)(2). The payments forwarded on Spencer's behalf must be clearly identified by the name and number assigned to this action.
The Clerk of the Court is directed to send a copy of this Order to the Warden of Forrest City Medium, Federal Correctional Institution, Post Office Box 3000, Forrest City, Arkansas 72336.
So Ordered.
TRAVIS HILL
ADC #101475 PLAINTIFF
v. No. 2:12-cv-34-DPM-JJV
RAY HOBBS; LARRY MAY; WENDY
KELLEY; DANNY BURL; GREG
HARMON; JOHN BELKEN; DEXTER
PAYNE; STEVE OUTLAW; JANICE
FOSTER; THEODORE AUSTIN;
JANICE GRAY; TONY HUNTLEY;
KORENZO BURNETT; JAMES BROWN;
FRALISHA WALTON; and WALTER
HOLLOWAY DEFENDANTS
ORDER
No one bas objected to Magistrate Judge Joe J. volpe's recommendation, No. 42, that the Court dismiss Hilll's claims against Holloway, whom no one has been able to locate forservice. On review for legal error and clear factual error, FED. R. CIV.P. 72(b) (1983 Addition to Advisory Committee Note), the Court adopts Judge Volpe's recommendation as its own opinion. Hill's claims against Holloway are dismissed without prejudice.
So Ordered.
